|SAME AS||No Same As|
|COSPNSR||Finch, Bichotte, Jaffee, Raia, Murray, Montesano, Giglio, Brabenec, Kearns, Markey, Lupinacci, Duprey, Castorina, Ra, Crouch, Hunter|
|MLTSPNSR||Butler, Cancel, Ceretto, Cook, Englebright, McLaughlin|
|Amd §§1125, 1128-a & 1133, Ed L|
|Requires school administrators in private schools to report allegations of child abuse in an educational setting; includes private schools in the reporting requirements relating to child abuse in an educational setting.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9705 SPONSOR: McDonough
TITLE OF BILL: An act to amend the education law, in relation to requiring school administrators in private schools to report allegations of child abuse in an educational setting   PURPOSE: To require school administrators in private schools to report allega- tions of child abuse in an educational setting.   SUMMARY OF PROVISIONS: Article 23-B requires, among other things, public school principals to forward reports of child abuse committed by school employees or volun- teers to "appropriate law enforcement authorities". It also forbids public school authorities' agreeing to withhold from law enforcement the fact that an allegation of child abuse has been made against a school employee or volunteer in exchange for the accused person's resignation or voluntary suspension. This legislation would include private schools in the aforementioned Article 23-B.   JUSTIFICATION: The absence of private schools from the requirements of Article 23-B is a serious gap in the legislative scheme of protection for the hundreds of thousands of children who attend these schools in New York State. Accounts of students being sexually abused by faculty in private school settings are all too common. Often, the administration's response was to protect the institutional reputation of the school at the expense of the ongoing safety of its students. In many instances, the faculty respon- sible for the abuse were neither terminated nor disciplined, and were permitted to remain on staff with the result that additional students were victimized. This legislation would require the private school administrators to report this alleged abuse, thereby, protecting their students.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   LOCAL FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 9705 IN ASSEMBLY April 5, 2016 ___________ Introduced by M. of A. McDONOUGH -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to requiring school administrators in private schools to report allegations of child abuse in an educational setting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2, 5 and 6 of section 1125 of the education 2 law, subdivision 2 and 6 as added by chapter 180 of the laws of 2000 and 3 subdivision 5 as amended by section 1 of part E of chapter 501 of the 4 laws of 2012, are amended to read as follows: 5 2. "Child" shall mean a person under the age of twenty-one years 6 enrolled in a school district in this state, other than a school 7 district within a city having a population of one million or more, or 8 any person under the age of twenty-one enrolled in a private school in 9 this state. 10 5. "Educational setting" shall mean the building and grounds of a 11 public school district or private school, the vehicles provided by the 12 school district or private school for the transportation of students to 13 and from school buildings, field trips, co-curricular and extra-curricu- 14 lar activities both on and off school district grounds, all co-curricu- 15 lar and extra-curricular activity sites, and any other location where 16 direct contact between an employee or volunteer and a child has alleged- 17 ly occurred. Such term shall not include a special act school district 18 as defined in section four thousand one of this chapter which shall be 19 subject to article eleven of the social services law. 20 6. "Administrator" or "school administrator" shall mean a principal of 21 a public or private school, charter school or board of cooperative 22 educational services, or other chief school officer. 23 § 2. The section heading and subdivision 1 of section 1128-a of the 24 education law, as added by chapter 180 of the laws of 2000, are amended 25 to read as follows: 26 Additional duties of superintendents and administrators. 1. Where a 27 superintendent of schools, or in the case of a private school a school EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14781-01-6A. 9705 2 1 administrator, forwards to law enforcement a report as described in 2 paragraph (a) of subdivision one of section eleven hundred twenty-six of 3 this article, he or she shall refer such report to the commissioner 4 where the employee or volunteer alleged to have committed an act of 5 child abuse as defined in this article holds a certification or license 6 issued by the department. 7 § 3. Subdivision 3 of section 1133 of the education law, as added by 8 chapter 180 of the laws of 2000, is amended to read as follows: 9 3. Any superintendent of schools or school administrator who reason- 10 ably and in good faith reports to law enforcement officials information 11 regarding allegations of child abuse or a resignation as required by 12 this article shall have immunity from any liability, civil or criminal, 13 which might otherwise result by reason of such actions. 14 § 4. This act shall take effect immediately.